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Florida Law Restricts Doctors From Discussing Gun Safety With Patients

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by Nicole Stevens on August 04, 2014

Nicole Stevens

About the Author

Nicole Stevens is a 30-something mom of four adorable kids. Her passions include spending time with her babies and doing research in the laboratory. She also enjoys crafts, photography, crochet, reading, and long walks. Her work has appeared elsewhere on WhattoExpect.com.

About the Blog

WhatToExpect.com supports Word of Mom as a place to share stories and highlight the many perspectives and experiences of pregnancy and parenting. However, the opinions expressed in this section are those of individual writers and do not reflect the views of Heidi Murkoff of the What to Expect brand.

Florida's "Firearm Owners Privacy Act" (nicknamed "Docs vs. Glocks") was originally passed in 2011 and quickly came under fire. It states that physicians may not record information about firearm ownership in patient records, nor may they inquire about gun possession or safety unless it's relevant to the patient's medical care.

Proponents of the law see it as a way to stop alleged discrimination against gun owners.

According to the National Rifle Association of America (NRA), the Firearm Owners Privacy Act was created to "stop activist doctors from pushing an anti-gun agenda upon the residents of Florida by unnecessarily inquiring about patients' gun ownership."

While others see the law as a violation of doctors' First Amendment right to free speech, not to mention an infringement on their ability to provide the best care, Marcia Cooke, a U.S. District Judge Miami, barred enforcement of the law in 2012, ruling that it restricted "a practitioner's ability to provide truthful, non-misleading information to a patient."

But this year, the U.S. Court of Appeals for the Eleventh Circuit reversed Cooke's ruling so that doctors are once again limited in their discussion of guns and firearm safety with patients. Practitioners who violate this law face fines up to $10,000 or even the loss of their license.

The American Academy of Pediatrics (AAP), American Medical Association, National Physicians Alliance and a collection of other prestigious organizations have joined together to form the Coalition to Protect the Patient-Provider Relationship. The group strongly disagrees with the court's ruling and will petition for a rehearing.

According to a statement on the AAP website, "Research has shown that physician counseling about gun locks and safe storage, tailored to a child's specific age and development, increases the likelihood that a family will take the steps to store their firearms safely."

Now that Florida doctors are not allowed to routinely have gun safety discussions with their patients, many worry about the outcome.

"This law has a chilling effect on life-saving conversations that take place in the physician's office," said James M. Perrin, president of the AAP. "More than 4,000 children are killed by guns every year. In this case, a simple conversation can prevent tragedy."

More than a third of all American households have guns, giving nearly nine million kids and teens access to firearms, according to the AAP. In fact, a child dies from a gunshot wound every two hours, either from an unintentional injury, murder, or suicide, and experts believe even more children are seriously injured or disabled. Perhaps the most frightening statistic of all: More than a third of all accidental shootings of children take place in their own home or in the home of a friend or relative.

If you do have a gun in your home, follow these steps to keep your child away from guns and help him understand what guns can do.

Do you think a physician be able to freely discuss gun ownership and safety with patients? Share below in the comments section!

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